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Offences against the person

Get the best defence when charged with offences against the person.

Specialized in criminal law in the Greater Montreal area, Me Mocanu can defend you when facing an offence against the person charge.

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Assault

In criminal law, assault refers to the intentional application of force to another person without their consent, directly or indirectly.

An assault charge may also be brought forward when someone attempts or threatens, by an act or a gesture, to apply force to another person.

Assault causing bodily harm / Assault with a weapon

The offence of assault causing bodily harm is found in Part VIII of the Criminal Code relating to “Offences Against the Person and Reputation”.

Assault causing bodily harm is a hybrid offence or dual offence. It is punishable, on conviction and indictment, with imprisonment for a term not exceeding ten years, or, on summary conviction, with imprisonment for a term not exceeding 18 months.

Bodily harm refers to an injury that affects the well-being of the victim and is not transient or unimportant.

Sexual assault

Sexual assault is a sexual act in which a person is coerced or physically forced to engage against their will, or non-consensual sexual touching of a person. There are many different levels of sexual assault, including sexual touching, sexual assault and aggravated sexual assault and sexual assault with a weapon.

The courts have established that the act of sexual assault does not depend solely on contact with any specific part of the human anatomy, but rather the act of a sexual nature that violates the sexual integrity of the victim.

Sexual interference

Sexual interference is defined in section 151 of the Criminal code and refers to any person who, for sexual purposes, directly or indirectly touches, with a part of his body or an object, a body part of a child under the age of sixteen.

The Criminal Code was amended to provide for higher minimum penalties with respect to the offences of sexual interference

Uttering threats

A threat is a communicated intent to inflict harm or loss on another person. In order to be found guilty of uttering threats, the Crown must prove beyond a reasonable doubt that the accused uttered, conveyed or caused a person to receive a threat, that he knew that he was uttering a threat and that the threat was to cause death or bodily harm, to destroy or damage property or to kill or injure their animal.

Criminal harassment

Criminal harassment, which includes “stalking,” is an offence pursuant to section 264(1) of the Criminal code.

The offence of criminal harassment prohibits deliberate conduct that is carried out over a period of time that can cause another person to fear for their safety.

Repeatedly following or communicating with someone or engaging in threatening conduct directed towards someone are all examples of criminal harassment.

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